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Nicholasstarr

Criminal history

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Me and my wife are getting ready to start our petition to USCIS. I've had multiple phone call consultations with lawyers that say to file for a spouse visa that I need to include all criminal history police reports court dockets prison records etc etc etc. I do have a criminal history nothing that falls under the Adam Walsh act. I did have a domestic violence charge that I plead not guilty to hired a lawyer and the prosecution dismissed the charges and did not pursue them I was never convicted in a court of law. Outside of that jest DUIs and miscellaneous misdemeanors resulting in fines. I'm under the assumption from doing my own personal study that these lawyers are confused and are trying to file my case the way you would a k3 spouse visa which includes the form I 129f in combination with form i-130. But I read that the k3 spouse visa is no longer available or is very rarely approved. Leaving only the i-130 to be the only form the US petitioner fills out to petition his immediate relative, wife, brother, sister, daughter or son. So my ultimate number one question is do I need to go through the hassle I'm trying to drum up ancient criminal history records to successfully complete a form i-130. We are filing cr1 NOT k1, k3. 

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10 minutes ago, Nicholasstarr said:

Me and my wife are getting ready to start our petition to USCIS. I've had multiple phone call consultations with lawyers that say to file for a spouse visa that I need to include all criminal history police reports court dockets prison records etc etc etc. I do have a criminal history nothing that falls under the Adam Walsh act. I did have a domestic violence charge that I plead not guilty to hired a lawyer and the prosecution dismissed the charges and did not pursue them I was never convicted in a court of law. Outside of that jest DUIs and miscellaneous misdemeanors resulting in fines. I'm under the assumption from doing my own personal study that these lawyers are confused and are trying to file my case the way you would a k3 spouse visa which includes the form I 129f in combination with form i-130. But I read that the k3 spouse visa is no longer available or is very rarely approved. Leaving only the i-130 to be the only form the US petitioner fills out to petition his immediate relative, wife, brother, sister, daughter or son. So my ultimate number one question is do I need to go through the hassle I'm trying to drum up ancient criminal history records to successfully complete a form i-130. We are filing cr1 NOT k1, k3. 

You need to disclose ALL criminal history.

 

USCIS cannot be more specific and explicit in stating that.... If you fail to disclose it and it comes up in the background check, which they run, your petition will be denied .


- Removal of Conditions Timeline -

07/31/17 - Mailed I-751 package to California Service Center

08/01/17 - Package delivered to CSC

08/05/17 - NOA1 received by US mail

08/10/18 - Rec'd new NOA1 with 18 month extension instead of 12 months

10/15/18 - Case transferred to Nebraska

12/26/18 - ROC Approved

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Posted (edited)
33 minutes ago, Nicholasstarr said:

 But I read that the k3 spouse visa is no longer available or is very rarely approved. Leaving only the i-130 to be the only form the US petitioner fills out to petition his immediate relative, wife, brother, sister, daughter or son. So my ultimate number one question is do I need to go through the hassle I'm trying to drum up ancient criminal history records to successfully complete a form i-130. We are filing cr1 NOT k1, k3. 

You are correct. K3 is usually a waste of time, rarely approved.

 

https://citizenpath.com/k3-visa-process/

 

Quote

In fiscal year 2016, the U.S. Department of State issued only 102 K3 visas as compared to 133,465 immigrant (IR1/CR1) visas for the spouses of U.S. citizens.

 

That said you should provide more information about you to get the best advice. 

Edited by PaulTheSheik

 

 

Citizen of the World!

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I had a friend in a similar circumstance to yours.   Domestic Violence / AWA.  Charged and pled down from a felony.  He was able to get an I-130 for a CR-1 approved without RFE.  Like others said be very truthful on the filing.  Ultimately USCIS/ DOS will want either certified copies of the disposition (sentencing) or a certified copy of no records found.   

 

For a K1 you have to get a waiver.   No waiver for a CR1.

 

I would order a copy of your FBI report to make sure everything is ok and to know what they are going to see.  It is possible to see things not on the report but it is good to run your own to make sure there isn't anything inaccurate or even a surprise.

 

Your spouse will need to know about all of the charges.  Expect it to come up at the interview.

 


March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry

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58 minutes ago, Paul & Mary said:

I had a friend in a similar circumstance to yours.   Domestic Violence / AWA.  Charged and pled down from a felony.  He was able to get an I-130 for a CR-1 approved without RFE.  Like others said be very truthful on the filing.  Ultimately USCIS/ DOS will want either certified copies of the disposition (sentencing) or a certified copy of no records found.   

 

For a K1 you have to get a waiver.   No waiver for a CR1.

 

I would order a copy of your FBI report to make sure everything is ok and to know what they are going to see.  It is possible to see things not on the report but it is good to run your own to make sure there isn't anything inaccurate or even a surprise.

 

Your spouse will need to know about all of the charges.  Expect it to come up at the interview.

 

I'm just not understanding why immigration attorneys are telling me that I need to supply them with criminal records? But, I'm not filling k3 or k1? The form i130 does not ask for those records? Are they trying to get extra fees out of me for filling out an extra piece of paper because there's really no money in this? I'm seriously starting to believe that regular normal everyday people who do self filing know more about this process than members of the bar association. Even if you go to uscis.gov and read the instructions it is crystal clear how to fill them out and if you're trying to apply for a k3 can you have two combined I 129f and I 130 forms together to petition that which is what requires criminal records because of the form I 129f but if the k3 Visa is obsolete and no longer given then that only leaves form i-130 and on form i-130 there is no field to fill in for criminal history? 

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1 hour ago, cantofla said:

You need to disclose ALL criminal history.

 

USCIS cannot be more specific and explicit in stating that.... If you fail to disclose it and it comes up in the background check, which they run, your petition will be denied .

Only forms I 129f ask about your criminal history. Filling out form i-130 does not. if you follow the instructions on USCIS government website it cannot be more clear in the instructions on how to fill it out that it is not a required field. For cr1 only.

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2 hours ago, Nicholasstarr said:

Me and my wife are getting ready to start our petition to USCIS. I've had multiple phone call consultations with lawyers that say to file for a spouse visa that I need to include all criminal history police reports court dockets prison records etc etc etc. I do have a criminal history nothing that falls under the Adam Walsh act. I did have a domestic violence charge that I plead not guilty to hired a lawyer and the prosecution dismissed the charges and did not pursue them I was never convicted in a court of law. Outside of that jest DUIs and miscellaneous misdemeanors resulting in fines. I'm under the assumption from doing my own personal study that these lawyers are confused and are trying to file my case the way you would a k3 spouse visa which includes the form I 129f in combination with form i-130. But I read that the k3 spouse visa is no longer available or is very rarely approved. Leaving only the i-130 to be the only form the US petitioner fills out to petition his immediate relative, wife, brother, sister, daughter or son. So my ultimate number one question is do I need to go through the hassle I'm trying to drum up ancient criminal history records to successfully complete a form i-130. We are filing cr1 NOT k1, k3. 

I-129f FILERS OR K1 FIANCE FILERS PLEASE DO NOT RESPOND TO THIS POST. 

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1 hour ago, Nicholasstarr said:

Me and my wife are getting ready to start our petition to USCIS. I've had multiple phone call consultations with lawyers that say to file for a spouse visa that I need to include all criminal history police reports court dockets prison records etc etc etc. I do have a criminal history nothing that falls under the Adam Walsh act. I did have a domestic violence charge that I plead not guilty to hired a lawyer and the prosecution dismissed the charges and did not pursue them I was never convicted in a court of law. Outside of that jest DUIs and miscellaneous misdemeanors resulting in fines. I'm under the assumption from doing my own personal study that these lawyers are confused and are trying to file my case the way you would a k3 spouse visa which includes the form I 129f in combination with form i-130. But I read that the k3 spouse visa is no longer available or is very rarely approved. Leaving only the i-130 to be the only form the US petitioner fills out to petition his immediate relative, wife, brother, sister, daughter or son. So my ultimate number one question is do I need to go through the hassle I'm trying to drum up ancient criminal history records to successfully complete a form i-130. We are filing cr1 NOT k1, k3. 

Yes, unfortunately you need to go through and disclose the disposition of all those old cases even if you don't find them relevant they do. So you need to find the paperwork for all of them. You can ask @John & Rose about them needing all the old old disposition of court cases 

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1 hour ago, Nicholasstarr said:

I'm just not understanding why immigration attorneys are telling me that I need to supply them with criminal records?

You are correct in that the I-130 for the petitioner does not mention criminal history.  However they will run a background check on the petitioner and if the charges for the Domestic Violence come up you will most likely get an RFE.  I know of several cases where it has come up. The process gets delayed while you go get the documents. .  They will want the Certified Court Copies.  My recommendation is to do yourself a favor and get the documents.  You will have 8 to 12 plus months to get them together.    It will also most certainly come up in your spouses interview as well.

 

And like I said before I would get a copy of your FBI file just to make sure there aren't any surprises.   The file is not always correct and it is better to get corrected while you have the time.


March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry

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1 hour ago, Cyberfx1024 said:

Yes, unfortunately you need to go through and disclose the disposition of all those old cases even if you don't find them relevant they do. So you need to find the paperwork for all of them. You can ask @John & Rose about them needing all the old old disposition of court cases 

Our K-1 was denied because of a 30 year old misdemeanor arrest that was dropped and later expunged. I got some bad information from the agency I used to “help” me file. Even though no public records of my arrest have been available for many years, the government keeps everything. 

 

You will need to disclose the information and always be honest. The CR-1 is better since there are fewer AWA requirements but you will need to be honest. The beneficiary will have to be intimately aware of details as the CO may ask. 


June 6,  2017 - Filed the K-1

April 20, 2018 - K-1 refused

June 11, 2018 - Got married in Pateros, Metro Manila

September 10, 2018 - Filed the CR-1

September 11, 2018 - Priority Date

September 14, 2018 -  NOA-1

 

 

PHILIPPINES ONLY!!!  CFO (Commission on Filipinos Overseas) INFO - Can't leave home without it!

 

PDOS (Pre-Departure Registration and Orientation Seminar) is for ages 20-59.  Peer Counseling is for 13-19 years of age.

It is required to have the visa in their passport for PDOS and Peer Counseling.

 

GCP (Guidance and Counseling Program) is for K-1 Fiancee and IR/CR-1 spouse ONLY.   These are the only ones that can attend the seminar without their visa.

 

 

IMG_7714.jpg.2782f301709f81dd223fe1b62d085472.jpg

 

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4 hours ago, John & Rose said:

Our K-1 was denied because of a 30 year old misdemeanor arrest that was dropped and later expunged. I got some bad information from the agency I used to “help” me file. Even though no public records of my arrest have been available for many years, the government keeps everything. 

 

You will need to disclose the information and always be honest. The CR-1 is better since there are fewer AWA requirements but you will need to be honest. The beneficiary will have to be intimately aware of details as the CO may ask. 

Agree, 10 years ago FBI had just worked on inputting arrest records from 40 years ago. I am talking arrests only.

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